Gorge Leasing Co. v. Hanna

This appeal arises from an action for breach of a lease agreement. In his answer defendant alleged, inter alia, five affirmative defenses. The trial court granted summary judgment for plaintiff, and defendant appeals. Because we agree with defendant that one of his affirmative defenses raises a genuine issue of material fact, we reverse and remand for further proceedings.

In 1977, plaintiff as lessor and William Fleischer as lessee entered into a léase for commercial space. The lease provided that the tenant could not assign the lease without plaintiffs written consent. In August, 1979,…